Cannon v. State

Court of Appeals of Georgia

Cannon v. State

10 S.E.2d 74, 63 Ga. App. 73, 1940 Ga. App. LEXIS 13

CourtCourt of Appeals of Georgia

DecidedJune 13, 1940

Docket28223.

StatusPublished

This text of 10 S.E.2d 74 (Cannon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cannon v. State, 10 S.E.2d 74, 63 Ga. App. 73, 1940 Ga. App. LEXIS 13 (Ga. Ct. App. 1940).

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Opinion

MacIntyre, J.

J. M. Cannon Jr. was convicted of cheating and swindling “in passing a worthless check.” Bor a statement of the ease see Spivey v. State, 59 Ga. App. 380 (1 S. E. 2d, 60). The instant case is controlled adversely to the defendant by Spivey v. State, April 9, 1940, 62 Ga. App. 683 (9 S. E. 2d, 716). The two checks which were the subject of the indictment in that case and the instant case were signed: “ J. M. Cannon Jr. [defendant here] By M. N. Spivey [defendant in that ease].” The agent of the company that was selling the cattle for which the checks were given testified: “I knew Mr. Spivey prior to that day. I would not have sold them [cattle] to him if Mr. Cannon had not told me he would pay for them. '. .” The witness further testified that he told M. N. Spivey “‘You know the money for these cattle has got to be cash on the barrel head.’ He said, ‘Yes, I got the man right *74 over there that will pay for all the cattle I buy/ He said the man was chairman of the board of county commissioners. I told him to bring him over and let me speak to him. He motioned for him to come over there and introduced Mr. J. M. Cannon Jr. to me. I told him ‘Mr. Spivey .was- buying cattle in your and'his name/ he said, ‘Yes, I made the arrangement at the bank/ He said they were together and anything Mr. Spivey bought he would pay for, ‘I made the arrangement at the bank/” The evidence authorized the verdict and the judge did not err in overruling the motion for new trial.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

J. M. Cannon Jr. was convicted of cheating and swindling “in passing a worthless check.” Bor a statement of the ease see Spivey v. State, 59 Ga. App. 380 (1 S. E. 2d, 60). The instant case is controlled adversely to the defendant by Spivey v. State, April 9, 1940, 62 Ga. App. 683 (9 S. E. 2d, 716). The two checks which were the subject of the indictment in that case and the instant case were signed: “ J. M. Cannon Jr. [defendant here] By M. N. Spivey [defendant in that ease].” The agent of the company that was selling the cattle for which the checks were given testified: “I knew Mr. Spivey prior to that day. I would not have sold them [cattle] to him if Mr. Cannon had not told me he would pay for them. '. .” The witness further testified that he told M. N. Spivey “‘You know the money for these cattle has got to be cash on the barrel head.’ He said, ‘Yes, I got the man right *74 over there that will pay for all the cattle I buy/ He said the man was chairman of the board of county commissioners. I told him to bring him over and let me speak to him. He motioned for him to come over there and introduced Mr. J. M. Cannon Jr. to me. I told him ‘Mr. Spivey .was- buying cattle in your and'his name/ he said, ‘Yes, I made the arrangement at the bank/ He said they were together and anything Mr. Spivey bought he would pay for, ‘I made the arrangement at the bank/” The evidence authorized the verdict and the judge did not err in overruling the motion for new trial.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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Bluebook (online)

10 S.E.2d 74, 63 Ga. App. 73, 1940 Ga. App. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannon-v-state-gactapp-1940.

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